LEGAL DEFINITIONS

Employee/worker

"Employee" means any person, regardless of their sex or nationality who agrees to carry out a professional activity, in exchange for remuneration under the management of another public or private, person or body.

Labour Code Art.L.2

Employer

"Employer" means any natural or legal person, or any public or private entity which employs one or more employees.

Labour Code Art.L.3

MINIMUM WAGE FIXING

Procedure

Government decides after tripartite or bipartite body discussions/recommendations

The national base minimum wage rates for non agricultural workers (SMIG) and agricultural workers, (SMAG) are determined by decree by the Minister of Labour. Prior to setting minimum wage rate, the Minister must consult the National Labour and Social Security Council. The Council consists of the Minister of Labour and Social Security (or the Director General for Labour and Social Security), 4 members of the National Assembly, 8 union representatives for industry; 4 union representatives for commerce and banking; and one union representative each for agriculture and cooperatives, 8 employers representatives for industry; 4 employers representatives for commerce and banking; and one employers representative each for agriculture and cooperatives.

Labour Code Art.L.109, 205, 206

Minimum wage set through decentralized collective bargaining

Minimum wages higher than the SMIG and SMAG are also set by joint committees for sectors covered by collective agreements. These agreements may be extended to cover all workers in the sectors concerned regardless of whether they are members of the unions party to the collective agreement. These rates have been adjusted on a much more regular basis than the SMIG and SMAG and tend to establish the actual minimum rates applied in practice.

Labour Code Art.L.80;L.85;L.86

Criteria

Needs of workers and their families

Yes - the poverty line should be considered.

Labour Code Art.L.205

Economic development

Yes - general economic conditions should be considered.

Labour Code Art.L.205

Coverage

Scope

The national minimum wage rates apply to all agricultural and non-agricultural workers.

Specific minimum wage rates

» Specific minimum wage by occupation

No relevant provisions have been identified.

» Specific minimum wage by sector

Yes - separate national minimum wage rates are fixed for agricultural workers and non-agricultural workers. In addition, minimum wage rates may be determined for those sectors subject to collective agreements.

» Specific minimum wage by region

No relevant provisions have been identified.

» Minimum wage levels for specific categories of workers

» Piece-rate workers

Yes - workers paid by the piece, carrying out work that lasts at least one fortnight, must receive at least 90% of the applicable minimum wage within 15 days of the work being completed.The conditions of remuneration at piece-rate are posted in the employers offices and in the places where the payments normally take place.

Level

Minimum wage level(s) in national currency

Decree on the interprofessional and agricultural minimum wages Art.1, 2

Last minimum wage update

1st January 1996

Decree on the interprofessional and agricultural minimum wages Art.6

In-kind allowances

In-kind allowances are permitted to complement the salary and may be taken into account when determining the amount of salary paid. However, payments in kind are not permitted as a way of payment for overtime work.

The employer may keep the equivalent to two times the minimum wage rate per hour maximum for the daily ration expenses and the equivalent to one time the minimum wage rate per hour maximum for only one meal.

Decree on the interprofessional and agricultural minimum wages Art.3,4

Rate of payment

» Hourly

The rate of payment may be calculated on hour basis. In that case, the salary shall be paid within the following 15 days.

» Daily

Daily workers with short duration assignments shall be paid at the end of each day of work.

Labour Code Art.L.115

» Monthly

The rate of payment may be calculated on monthly basis. In that case, the salary shall be paid within the following one month and one day.

Labour Code Art.L.115

Scheduled frequency of adjustment

The last adjustment of the minimum wage by Decree took place in 1996. However the Labour Code states that collective agreements shall include provisions for minimum wages corresponding to the different professions in each branch of work.

Labour Code Art.L.86

Enforcement mechanisms

Labour inspection

The Labour and Social Security Inspector or an authorised inspector of each region in Senegal may, in any moment of the day or the night, carry out inspections in any public or private establishment or social security institution, in order to ensure compliance with labour and social security regulations. The inspection may also give recommendations and advise to both employers and employees, prepare reports and surveys and point any useful information, regarding Labour, Social Security, Labour Force, and Occupation Safety and Health issues.

For these purposes, labour inspectors shall visit at least once per year every establishment with less than 50 employees and at least twice per year those which employs more than 50 employees.

Decree Order No.11515 Art.1,4,5,11 Labour Code Art.L.188, 190

Fines in national currency for non-respect of legislation

Any employer who employs piece rate workers in a rate lower than a regular worker doing equivalent work shall be punished with a fine between 500 000 and 1.000.000 FCFA and imprisonment between 3 months to 1 year or only one of these punishments.

Labour Code Art.L279i)

Other penalties

Any person who hinders the labour and social security inspections or renders incapable the performance of the inspections shall be punished with a fine between 500 000 and 1.000.000 FCFA and imprisonment between 15 days to 3 months or only one of these punishments.

Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.